October 2018 Babies

Fired because I’m pregnant

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dedejk wrote:

So ladies, my job decided to let me go yesterday because of my pregnancy. I’m a caregiver. I go to different homes, cook, clean, give medication, bathe the clients. I had one client who was a 300 pound man, only dead weight. I had to help him get up and bathe him. I told them I wasn’t comfortable taking on that client anymore since I was pregnant. They told me they were going to send someone new out with me to that particular home so I could train him. Come yesterday, I mentioned to them I was on the way to work and asked was the new employee going to meet me there. They had the nerve to say “we can’t get in touch with him so we’re not sending him out.” So I proceed to say you all wasn’t going to tell me he wasn’t coming. I felt like I was being set up. I reminded them I didn’t feel comfortable taking on this dead weight 300 pound man by myself. Then what makes it so bad, of course when we’re pregnant our senses are heightened. This man wife admits to letting him sit in his poop and urine until I get there to clean him. I don’t want to smell that nasty crap, it makes the entire home stink. So after I refused to do that particular client they fired me. I feel so angry because I had an agreement with the manager I would train the new employee and that would be the end of that client. They lied to me and I’m mad. Now they fire me because of it. I told them I was not willing to risk anything with my baby or my health. I had already been in the hospital due to the flu, and a stomach virus at the beginning of my pregnancy. Another thing they didn’t understand. I’m hurt and angry!

I agree with PPs, I would consult with an attorney. It’s illegal in the US to be fired for pregnancy. Ditto on reporting the conditions. Overwhelmed or not, whatever the situation, he should not be made to stay in feces until you arrive. That’s not fair to the caregiver or the person you’re helping!

It is employers responsibility to accommodate a safe work environment for a pregnant employee. I work in construction, and there will be time where I won’t be able to even see what I’m stepping on, I had already discussed an option to be able to work more on the office portion of the job. And they’ve already transferred me to the office. I work only occasionally in construction sites for now and I will be full time in the office later on.

Thank you all. My mom told me also to contact a lawyer. I’ve definitely mentioned to my now former job of the conditions this man has to endure, but it seems they don’t care too much either. I will definitely look more into this and report that particular client I had. The entire company just seems so nonchalant about everything.

In Australia especially in wa it’s actually your employer responsibility to ensure your job is safe during pregnancy ie you don’t do anything that could potentially cause any damage to your pregnancy it’s also very very illegal to fire you for being pregnant and not wanting to do something due to the risk. I would definitely contact fair work, you will be able to sue them for that

I too work in healthcare and yes they can fire you for “refusing” to care for a certain client. But if the working condition are unfeasible and unworkable for you (pregnant or not), that is against the law. When I did home health I had a client and her house was such a disaster. She had late stages of MS and couldn’t clean herself. Their floor was caving in, 10 cats with cat poop and urine everywhere. It was just awful. I had to report it to the health department because my employer wouldn’t do anything and insisted I still go. Their house was condemned and she went into a nursing facility. So I would def call a lawyer and let them know what happened

Unfortunately it's almost impossible to prove you were fired because you're pregnant. With my first I was young (19) and worked at a daycare and made the mistake of telling the owner almost immediately. Obviously there were always sick kids and I ended up getting the flu. So I called out for one day. Then about a week after that (and a week after I told her I was pregnant) she fired me and said I wasn't able to work the hours she needed me to work. I was working open to close some days, and my last check had 10 hours of overtime on it so she obviously fired me because I was pregnant. Because she didn't say that tho, I could not prove that it.

With your case, they would just say you were fired for refusing to care for a client. It's super ***, hopefully you can find something asap.

Obvs you should contact a lawyer, but I don’t know that it’s 100% illegal to fire someone for being pregnant. I mean pregnancy is covered under disability laws and not every job is made suitable for every disability. I mean blind people can’t be pilots. That’s not bigotry, that’s just safety for others and performance issues. If you’re a caretaker, part of your job is lifting heavy objects or people. So you def need to ask a lawyer but be aware that’ll prolly cost you thousands of dollars and you’ll only get money back IF they settle with you or you win a trial.

If your employer discharges you because you’re pregnant - yes, that’s unlawful. But if you’re discharged for a legitimate, non-discriminatory reason (like not being able to perform the essential functions of your job, which caring for this man may be), it’s not unlawful. I obviously don’t know the specifics of your situation, but you can go to the EEOC (or Alabama’s state equivalent) and see if you can get guidance there.

The pregnancy discrimination act is a federal statute. Go to the EEOC website and contact someone there. It’s free and the worst they can say is that you don’t have a case. That would be my starting point.

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